1. CONDITIONS OF USE
Welcome to Penny Auction V-5. By using the penny auction v-5 service ("Services"), you agree to be subject to the following terms of service ("Terms") including those available by hyperlink, and enter into an agreement with Entertainment Shopping, Inc. and its internet platform is http://pennyauctionv-5.com ("pennyauction").
None of the content on the pennyauction site, including but not limited to the Help Section, is intended to amount to advice on which reliance should be placed. pennyauction disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.
2. ACCEPTING THE TERMS
You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
A. clicking to accept or agree to the Terms, where this option is made available to you by pennyauction in the user interface for any Service; or
B. by actually using the Services. In this case, you understand and agree that pennyauction will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with pennyauction, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Before you continue, you should print off or save a local copy of the Terms for your records.
3. LICENSE AND SITE ACCESS
Pennyauction grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of pennyauction. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site, including the services provided on it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of pennyauction. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of pennyauction without express written consent. You may not use any meta-tags or any other "hidden text" utilizing pennyauction’s name or trademarks without the express written consent of pennyauction. Any unauthorized use terminates the permission or license granted by pennyauction. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of pennyauction.com so long as the link does not portray pennyauction, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any pennyauction logo or other proprietary graphic or trademark as part of the link without express written permission.
4. USER CONTENT, LINKS, THIRD-PARTY SELLERS
You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing,
5. LICENSE GRANTED BY YOU
6. REGISTRATION AND PARTICIPATION
Employees and relatives of employees of pennyauction are not eligible to participate in pennyauction auctions under any circumstance.
pennyauction’s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. pennyauction reserves the right to exclude commercial resellers from the participation in the auctions and to close such user accounts at any time.
You may register only once using your postal address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to pennyauction will always be accurate, correct and up to date.
During the registration process, you must choose a username. The username must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If pennyauction receives information of a username which is illegal or in breach of these Terms, this username can be amended by pennyauction without prior notice.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service and that your user account may be used only by you and not anyone else. Accordingly, you agree that you will be solely responsible to pennyauction for all activities that occur under your account. User accounts created during registration are non-transferable.
7. RULES, RESTRICTIONS, SUSPENSION
Without limiting other remedies, we may limit, suspend, or terminate our Service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, including any User Content and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue pennyauction sites, services, or tools.
You agree to the following conditions:
· You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to post User Content that (i) plagiarizes, violates or infringes upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, and/or (ii) contains unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
· You also agree not to engage in any activity that circumvents, interferes with or disrupts the Services (or the servers and networks connected to the Services) or any user experience of our Services including but not limited to the following:
o using any unauthorized third-party bidding software;
o accessing any of the Services by means other than through the interface provided by pennyauction (e.g. no use of scripts or web crawlers);
o manipulating our fee structure, the billing process, bidding, auctions or fees owed to pennyauction;
o distributing spam,, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; or
o collecting information about users, including email addresses, without their consent.
You agree that you are solely responsible for (and that pennyauction has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which pennyauction may suffer) of any such breach. In case of a breach of these Terms, pennyauction reserves the right to withhold deliveries or refunds for Bids.
Bidding rights or bids (“Bids”) must be purchased and paid for by you prior to online bidding. Bids can be purchased in packages (“BidPacks”) as further described under “Bidding” in the “Help” Section of the pennyauction Site. Prices for Bids or BidPacks may change in pennyauction 's discretion from time to time. Bids must currently be placed online through our website. In the future pennyauction may allow Bids to be placed through third party websites or through use of your mobile phone. In such cases, you will be required to disclose your mobile phone number and be responsible for ensuring it is accurate and up to date. For information on when such opportunities may be available in the future, check the “Help” Section of the pennyauction site.
Bids and voucher Bids are non-transferable and valid for one year after they have been credited to your account. Free Bids are Bids you may get through a promotion or other marketing activity. Free Bids are usually time sensitive and are only valid for the time stated in a promotion. Upon expiration, they become void and can no longer be placed.
Once a Bid is placed in an auction, it is deducted from your Bid account and can no longer be refunded. Refunds will not be issued for Bids placed in an auction, expired Bids, or Voucher Bids and Free Bids. For further information on refunds please see our return policy described under Returns & Complaints in the “Help” Section.
9. THE AUCTION PROCESS
For information on how to place a bid, how to use the BidButler or how an auction works, please refer to the Bidding or Auctions topics of the “Help” Section on the pennyauction site. Every auction ends when the remaining time reaches zero and the user who was the last to bid then wins the auction. All other Bids placed on the item expire and will not be credited back to your account nor will you be eligible for a refund for such Bids. The last bidder is determined based on the records in pennyauction.s database and pennyauction.s decision regarding who is the last bidder shall be final.
You understand and agree that pennyauction requires you to bid for auctioned items against other pennyauction users, some of whom may reside outside the United States. In such cases, users in other countries may not always be bidding on the exact same product in a single auction. To ensure the auction remains fair, the auction items in a single auction will be comparable and reasonably equivalent.
We do not represent or warrant that your Bid will be timely received or accepted by pennyauction site and you understand that our receipt of your Bid depends on several factors, some of which we have no control over, including your Internet connection, the equipment you are using to access our site, and other technological and/or telecommunication-based factors. You agree that pennyauction shall be held harmless from and against any and all claims, causes of action, expenses, costs, or losses arising from or related to any transaction in which your Bid is not received, delayed or otherwise rejected by pennyauction.
Pennyauction reserves the right to add, reschedule or remove products from the pennyauction website at anytime without notice. An auction is deemed to have closed when the timer on the auctioned item counts "closed" and no users have placed a Bid. Users should be aware that the timer available to the user is an approximation which may be affected by network delays. The final decision of when an auction closes will be based on the timer used by pennyauction servers.
pennyauction reserves the right to limit the number of auctions you can win within a specific time period. Please refer to the Auctions topic of the “Help” Section for further information. A Bid submitted by you constitutes your offer to enter into a binding contract with pennyauction and in the event of winning an auction, you will receive a purchase offer for the item of the auction under the conditions set out in the related auction.
All items purchased from pennyauction are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the item to the carrier.
Unless otherwise stated, delivery will be made directly from our third party suppliers or from our warehouse to the shipping address provided by you. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the auctions in advance. You acknowledge that delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Please contact our service department at info@ pennyauctionv5.com. If an item is not delivered within the indicated time so that we can work with you to address the issue. pennyauction shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to pennyauction upon taking delivery.
Should pennyauction not be able to deliver the item ordered, pennyauction shall be entitled to substitute the item with a comparable replacement product with the similar or better features, or provide a refund of the auction end price to you based upon your preference.
If, within 14 days of delivery of an item, you decide you no longer want the item, pennyauction will refund you with the amount that you paid for the item as well as original delivery costs, provided that you have (i) returned the item to pennyauction, (ii) the item is still in its original packaging and (iii) the item is not damaged or used. Returns or refunds must be first initiated by contacting the pennyauction customer service team in writing (by letter or email) within the 14 day period in order to be executed. Please note that we cannot offer you a refund on the cost of the Bids that you placed on that auction or the return shipping cost.
Should pennyauction incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment whatsoever paid to you. Sets/boxes can only be returned in their entirety.
Exceptions to the right to return are audio or video recordings, computer software that you have unsealed and other items noted by pennyauction on the pennyauction site. Such items are not eligible for return or refund.
12. INFORMATION INACCURACY DISCLAIMER
From time to time there may be information on the website that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. pennyauction reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If a product offered by pennyauction is not as described, your sole remedy is to return it in unused condition pursuant to our return policy.